Peru's MINCETUR proposes cutting maximum online gambling fines to 70 UIT

Peru's Ministry of Foreign Trade and Tourism (MINCETUR) has opened a public consultation on a draft supreme decree that would amend the regulation of remote gambling and online sports betting, according to the ministry. The proposal would lower the maximum fine for very serious infringements from 200 to 70 Unidades Impositivas Tributarias (UIT). The consultation was formalised by Ministerial Resolution No. 382-2026-MINCETUR, dated 20 October 2026, and runs for 15 calendar days. The draft is a proposal under consultation and does not yet create new binding obligations.

Under the draft, minor infringements would carry warnings or fines of between one and 11 UIT, serious infringements fines of between one and 35 UIT, and very serious infringements fines of between one and 70 UIT. The current regime provides for maximum fines of 50, 150 and 200 UIT respectively. For very serious infringements, MINCETUR could also cancel the administrative authorisation or disqualify the offender for up to 10 years or permanently.

The draft sets criteria for calculating fines, including the illicit benefit obtained, the probability of detection, the harm caused, intent, repeat offending and the offender's economic capacity. As a general rule, a fine may not exceed 10% of the operator's gross annual revenue in the year before the infringement. That limit would not apply to repeat offenders or to those operating platforms or betting shops without authorisation, and where an offender does not prove its revenue the authority may impose the maximum penalty.

The proposal also provides for fine reductions where an operator admits administrative responsibility: 50% if the admission comes before the final instruction report, 35% before the sanctioning resolution and 25% if the sanctioned party pays without appealing. Repeat offenders would not be eligible for these reductions.

On advertising, the draft would limit promotion to platforms, games and bets holding a current MINCETUR authorisation, and advertisements would have to identify the holder and its authorisation number. It lists restrictions on communications aimed at minors and on messages presenting betting as a source of income or a solution to financial problems, and it seeks to prevent the activity being associated with prestige, social success, acceptance or personal attractiveness. Warnings about problem gambling would have to remain visible for at least five seconds in audiovisual or digital content and occupy at least 10% of the total surface in printed or static material. Influencers and content creators would have to identify the advertising nature of their posts and not address audiences that are predominantly minors, and authorised operators would be responsible for content disseminated by agencies, third parties and influencers they contract. Enforcement of advertising infringements would fall to INDECOPI, while MINCETUR would supervise advertisements within its competences.

The draft also changes operational and technical requirements for licence holders. It would remove the obligation to provide usernames and passwords permanently before operations begin, with access to systems, databases and reports instead subject to specific MINCETUR requests during inspections. It would reduce the minimum length of player passwords from eight to four characters and extend the deadline for full reauthentication from 30 days to six months, while automatic reviews of critical software would move from every 24 hours to every 30 days. The ministry could require information on deposits, withdrawals, prizes, bonuses, odds, events, markets, player accounts and suppliers, and the draft provides for the seizure of goods used in unauthorised operations or without the corresponding approval.

Comments on the draft must be submitted through the ministry's institutional portal, its records office or the email address given in the resolution. The General Directorate of Casino Games and Slot Machines will receive, systematise and analyse the observations.